Clinton County, Indiana - Chapter 10: Legal, 1913

Chapter 10: Legal

The first governmental organization of Clinton county was under the act of 1828. by which it was added to Tippecanoe county for governmental purposes, and under which it was organized as Washington township. Until 1830 it was a part of Tippecanoe county, so far as government was concerned. In October, 1829, two justices of the peace were elected in Washington township, but no record has been found of any service by one of them. The other, Zabina Babcock, served his full term of five years, and his court was the first held within the boundaries of the county.

After the formation of the county in 1830 the circuit or district court was held in the county, with a presiding judge and two local associate judges; and a local probate court was established. This system continued until 1852, when, under the new constitution, the associate judges were discontinued; and the probate business was transferred to the common pleas court, which was then established and which continued until abolished in 1873. The county came under a circuit judge already elected, by operation of law. William Douglass was elected probate judge on May 30, 1830, but was replaced at the regular election by Xathan Kirk, who served until 1839. William Douglass was then again elected and served until 1851, when he was succeeded by N. T. Catterlin for the brief term ensuing before the abolishment of the court. These three were the only probate judges, and they were all well known earlv settlers of the county, of whom further mention will be found elsewhere.

Owing to the delay in issuing commissions there was no session of the probate court until January 6, 1831. when Judge Douglass held the first session of the court at the house of Samuel Mitchell in Erankfort. There was verv little business to transact. Samuel Olinger was granted letters of administration on the estate of John Hopp, and William Michael on the estate of George Michael. It was ordered that until a seal was procured the seal of the court be an oblong traced with ink. inclosing the letters "C. C. P. C. Seal." This served until the February term, 1833, when a seal was adopted so suggestive of the mortuary relations of the court that it deserves preservation. It was circular, an inch and three-quarters in diameter, and described as follows :

"The verge of the face indented with diamond dots, two plain parallel circles within the dots, the larger circle being one inch eleven-sixteenths in diameter, the inner circle bounding the held being about one inch and threeeighths: between the plain parallel lines the following letters in Roman characters. viz. : Clinton Probate Court Seal * * Indiana * * In by an urn having on the entablature of said monument the following words, to-wit: HIC JACET. The monument and urn being overshadowed by a weeping willow. In the background are represented a church, tombstone in graveyard, and the sole occidentc behind a hill, with diverging rays. Below the following letters : MDCCCXXX."

Judge Douglass held three other sessions. At the March term no business whatever was transacted, and at the May and July terms very little. Then there ensued an interim until November T2, 1832. when Nathan Kirk appeared as judge, and produced his commission. There was, however, a transaction of probate business by the clerk, both in the interim and before the first session of Judge Douglass. The first recorded probate business was on October 18, 1830. "in vacation, or before the organization of the said court," when the clerk, Samuel D. Maxwell, issued letters of administration to Providence M. Curry, on the estate of Jedediah M. Bolles. This case presents an interesting illustration of the rights of married women at the time, a widow being allowed $100 out of her hsuband's personal estate, and her dower, or one-third interest in his lands.

The personal estate of Bolles was appraised at S6q, and was taken by the widow. His real estate, a fraction of the northwest quarter of section 5, township 21. range 1 west, appraised at $180, was then sold to pay the expenses of administration and debts of the estate. It was bought in by Mary Bolles, the widow, for $139. subject to her dower. - Her child had died at about the same time, and the $139 went as follows: Dr. T. T. Wilds, medical bill, $22,371/2: Samuel Crimes, medical bill. $3.75: I. C. Elston, coffin and funeral expenses for child. $5-56TJ, also $2.14 apparently for funeral of Bolles; William Douglass, coffin for Bolles. $4; grave stones, $15: clerk's fees, S17.6 2)4: administrator's bill, $38.62)4, and several small bills for appraisement, goods, etc., leaving a net balance of Si 5.46)4, which was paid over to Xathan B. Palmer, treasurer of state, under the law of escheat of persons dying without heirs. I11 other words, this widow of a man whose entire estate was less than S250. secured it by paying $139 in money, having lost her supporter and her child.

Another striking case came soon after. On July 20, 1831. Clerk Maxwell issued letters of administration on the estate of Fanny Dunigan to Peter Groves, to whom decedent was indebted for $30. Fanny's estate was all personal, was appraised at $55.87)4. and yet she had a cow and calf, five sheep and a much more extensive wardrobe than most frontier women, including one silk dress, four calico dresses, two cotton dresses, one linsev dress, one plaid cloak, four capes, two silk handkerchiefs, two cotton handkerchiefs, two pairs of stockings, two "underdresses," a snuff-box and a fine tooth comb. Jacob Pitzer bought the cow and calf at $10, the appraised value; and Peter Groves bought in the rest of the estate for $27.25. After paying Dr. R. Lindsey $5 and Clerk Maxwell $5.35)4, with some small expenses, there was not enough left to pay his own claim, not to mention services.

While the probate court was a purely local affair, the circuit court was very different. The circuit was composed of a large number of counties - Clinton was added to the first judicial circuit - in each of which there was a comparatively small amount of business. The presiding judge traveled from county to county, disposing of such business as was at hand, and the members of the bar usually did the same thing, picking up quite a large share of their emplovment as the\ went about. The court first convened on October 18, 1830. at the house of John Ross, in Jefferson, there being no court house built, and only two judgments were rendered. One of these was a state case. Thomas I. Evans was appointed prosecuting attorney pro tern, and the grand jurv returned one indictment against Christian Good, Christopher Pitzer and Henrv Smith for riot and affray. Pitzer was called first and entered a plea of not guiltv. and "put himself upon his country." which promptly convicted him an* l fined him $1. Good and Smith then pleaded guilty and were fined Si each, making a total of $3 for the County Seminary fund.

The civil case was ap action for slander - trespass on the case under the common law pleading then in u^e - by Samuel Olinger against William Clarke. Clarke, as alleged by Albert S. White, Olinger's attorney, "greatly envving the happy state and condition of the said Samuel, and contriving and wickedly and maliciously intending to injure the said Samuel in his said good name, fame and credit, and to bring him into public scandal, infamy and disgrace with and amongst all his neighbors and other good and worthy citizens of this state, and to cause it to be suspected and believed by these neighbors and citizens that the said Samuel had been and was guilty of larceny, and to subject him to the pains and penalties by the laws of the state made and provided against and inflicted upon persons guilty thereof, and to vex, harrass, and impoverish, and wholly ruin him the said Samuel,'' had charged him with stealing five bushels of corn, a single tree, and some turnips: and declared that he "could prove it," and would "have him sent to the penitentiary."

For all this wrong Mr. Olinger asked only $2,000 damages, but the case did not come to trial. A compromise was effected by Clarke's retracting and paying the costs and expenses of the suit, which was thereupon dismissed. This old, verbose and cumbersome common law pleading shows in all the old records, and a similar style appears in conveyances. An amusing instance is seen in a deed of January 5. 1837, "from Nathan Kirk, gentleman, to Alexander Walker, farmer." (Deed, Record 3, p. 457.) This does not mean anv aristocratic assumption bv Kirk, but only that the lawyer who drew the convevance followed the old English custom of giving the occupations of the parties; and Kirk having none, aside from keeping tavern and being probate judge and a landed proprietor, was naturally described as a "gentleman."

At the April term. 1831. which was held at Frankfort, there were again but two judgments. One was in an action of the state, on the relation of Morris Morris, auditor, against Charles I. Hand, collector, and his bondsmen, for failure to account for the taxes assessed for state purposes in the county. This resulted in a judgment for the state for $76, with S53 damages and costs. The other was a criminal case under the gaming laws against Taylor Heavilon. who on August 1. 1831, had won $1 from an "unknown person" on a bet that he could hop farther than the said unknown. Taylor entered a plea of guilty of this heinous offense and was assessed 50 cents for the Seminary Fund, with costs, which were more serious. At this session also the court, on petition of Dr. Isaac T. Wild and others, ordered a change in the Delphi state road.

At the April term. 1832, there were again but two judgments, one a state case against Noah T. Catterlin for assaulting Daniel Carey, in which Noah pleaded guilty and contributed $1 to the Seminary Fund. The other was an appeal from Zabina Babcock, justice of the peace, who had given Barton & Favorite, of Tippecanoe county, a judgment for $t8 against John Garling- house, on a promissory note. The case was heard by a jury and verdict given for defendant. In October, 1832, the court business livened up greatly, the record for the term covering thirty pages. Polly Bell was given a divorce. Solomon Young was fined $5 for disturbing a Methodist meeting. Abner Baker was fined $5 for selling liquor without a license. There were also several cases for assault, appeals from justices, Abner Baker and Zabina Babcock, and actions for debt. One of these, an attachment against Uriah Hodges, revealed among his other property, "The History of Birds and Quadrupeds, Robin's Journal. American Constitutions, Roman History, History of England, Duncan's Logick, Natural History of Westmoreland and Cumberland, Goldsmith's History of Greece and Milton's Works."

At these terms of the court there was other business presented, but it resulted in compromises, dismissals or acquittals. At the first term Charles Usher, Clement McCoy. Robert Smith and Sawyer Smith were indicted in a body for larceny and were all acquitted at the next term. Thomas Marshall was indicted for assault and battery, but the case was nolle prosscd at the October term, 1831. The court ordered that until a seal was provided the clerk use an oblong inclosing the letters "C. C. C. Seal" and "that the same be made and used in scrawl or ink." The bailiff, William Delvin. was allowed Si for his services at the term and that closed the duties of the first session.

At the April term. 1831. Henry Smith was indicted and tried for affray and riot and acquitted. At the October term, 1831. Henry Harshman and Zabina Babcock were acquitted of charges of betting: and William Hill and naturalization, that of Edward Smith, of Warwickshire, England, who renounced allegiance to "William the Fourth. King of the United Kingdom of Great Britain and Ireland." and became a full-fledged American citizen.

Most of the early state cases were for affray and assault and battery, indicating an absence of more obnoxious offenses. There were two more slander suits at the March term, 1833. Nancy Hodgin. by her father and next friend, demanded S2.000 of John and Sarah Rife for slnaderous words, but thev disavowed, in a written statement, and the case was dismissed. Sawver Smith and Naomi, his wife, sued Christopher and Matilda Pitzer for slander, and also brought actions against Jacob Pitzer. William Nichlos and Savil and Mary Gunner for the same. Judgment for costs was recovered in the last case, and the others were dismissed.

Clinton Countv, Indiana

March term. 1835. Samuel had been indicted for vagrancy at the same term - the first case of the kind in the county - but was discharged on showing that "lie has betook himself to labour and is providing an honest support for himself and family." On the larceny he got Si fine, one day in jail and two years disfranchisement. The first conviction for grand larcenv was at the October term. 1835. w hen John Doughardy was sent to "the states prison" for two years.

John R. Porter, the first judge of the Clinton circuit for district) court, was a fine speciment of the old-time Indiana gentleman. He was of an old English family, born at Pittsfield. Massachusetts. Februarv 22. 179b. He graduated at Union College, Schenectady. Xew York, in 1813, taking the first honors of his class, and the degree of Master of Arts. He read law. and in 1818 became the partner of his preceptor; but he decided to go West, and in 1820 migrated to Paoli, Orange county, Indiana. Here he married Mary Worth, and here he held the offices of county clerk and postmaster; here he was elected president judge of the western ( first) district, whereupon he removed to Eugene township. Vermillion county. He was a great reader and kept up with the magazines and agricultural papers of the day. He went in for scientific farming and was a leader in raising fine-wooled sheep, and the cultivation of Switzer lucerne, ruta bagas. sugar beets. Baden corn and hemp. When the silk-raising excitiment came on he experimented with raising the Moris multicaulis. He was a fluent writer and conversationalist, corresponded with numerous leading men of his time and was a leading spirit in all progressive enterprises. His district as judge, was said to extend "from the Ohio river to Lake Micigan:" and Clinton county was added to it at its organization in 1830.

Isaac Xaylor. who was elected by the Legislature to succeed Judge Porter, in December, 1837'. was a native of Rockingham county. Virginia, born July 30. 1790. His parents emigrated to Kentucky in 1793 and to Indiana jn 1803, settling in Clark county near Charleston. He was largely selfeducated. though under several teachers at various times; studied law and was admitted by the supreme court of Indiana in 1818. He married Mary Anderson in 1826 and settled at Crawfordsville in 1833, where he resided until his death. April 26, 1873. Judge Xaylor served as a volunteer at the battle of Tippecanoe, and was justly proud of his record - in fact the lawyers used to claim that if a favor was wanted of him the way to get it was to start the subject of Tippecanoe. An account of the battle of Tippecanoe by Judge Naylor and an autobiographical sketch of him have been published by the In-

W illiam Perkins Bryant, the third circuit judge, was a native of Kentucky. born in Mercer county, August 3. 1806. He studied law, and in 1825 removed to Rockville. Indiana, where he entered on the practice of his profession. He went out in the Black Hawk war: was representative in the Legislature of 1832-3: and senator in 1838-9. He was circuit judge in the old Rockville circuit from 1842 to 1844. with R. H. Wedding and W. C. Donaldson as associate justices. After that he joined the throng of emigrants to Oregon, and in 1848 was made chief justice of Oregon territory, in which position he was succeeded by Thomas Xelson in 1850. Judge Bryant returned to Indiana and in 1852. in the first election under the new constitution, defeated Judge Isaac Xavlor for circuit judge in the Clinton county circuit; and held this office for six years. He died at Rockville. October 9, i860.

John Maxwell Cowan, the fourt circuit judge, was the first elected from Clinton county. He was a son of John and Anna ( Maxwell) Cowan, who were both of Scotch-Irish lineage. John Cowan was a Virginian by birth, who after residence in Tennessee and Kentucky, came to Charlestown. Indiana. in territorial days. He served in the Tippecanoe campaign, and later as a ranger, or dragoon scout, until the early Indian hostilities were ended. When the state capitol was located at Indianapolis the Cowans and Maxwells moved there in 1820. being among the earliest settlers of the place. Judge John M. Cowan was horn at Indianapolis. December 6. 1821. In 1822 his father moved to Montgomery- county and located on a farm near Crawfordsville. where he died ten years later.

In his vouth the bov had the schooling of severe adversity, hut in 1836 he entered the preparatory school of Wabash College and took the degree of B. A. six years later. He w^as then appointed deputy clerk of Clinton county bv his relative, Samuel D. Maxwell - Cowan's mother was a Maxwell, and Samuel D. Maxwell married Sarah Cowan - and studied law in spare moments. He was enabled to graduate from the law school at Bloomington, Indiana, in 1845. after a course of one year: and then opened an office in Frankfort. In the same year he married Harriet D. Jarrev, of Virginia, and formed a partnership with Hon. James F. Suit, the firm soon establishing itself as one of the strongest of Clinton county and vicinity. Tn 1858 Mr. Cowan was elected judge of the eighth judicial circuit, defeating Judge William P. Bryant, and in 1864 he was re-elected without opposition.

formed a partnership with Hon. Thomas M. Patterson, later United States senator from Colorado. Two years later he entered a new firm with M. D. White and James E. Cowan, his second son. which continued for three years. He then retired from general practice to become assistant cashier and attorney for the First National Bank of Crawfordsville. in which positions he continued until 18S1. He then removed to Springfield, Missouri, where he still resides with his youngest son and widowed daughter - the oldest living Clinton county judge, and the oldest living graduate of Wabash College. In person Judge Cowan is slender, of medium height, and dignified carriage. His disposition is genial and his reputation as an upright judge and model citizen is fixed.

Thomas Fleming Davidson, fifth circuit judge, was born at Covington, Indiana, February 17, 1839. As a boy he worked on the farm and in his father's mill. At the age of twenty he took up the study of law, borrowing books to read at home and reciting to Lew Wallace. He taught school in the two winters, 1859-61, and in 1861 opened a law office in Covington. On May 31, 1865, he married Eliza E. Tice, of Covington. In 1862 he was an unsuccessful candidate for prosecuting attorney, and in 1868 was a candidate for elector on the Democratic national ticket. In 1870 he was elected judge of the circuit court, defeating Joseph H. Brown, of Williamsport. In 1873 the circuit was changed, omitting Clinton and some other counties, and in 1876 he was re-elected. At the close of his term, in 1882, he entered the practice in partnership with Charles Booe. In 1884 he formed a partnership with Hannibal C. Yount, to which Jason E. Baker was admitted later.

In 1886 Judge Davidson removed to Crawfordsville and formed a partnership with F. M. Dice, later reporter of the supreme court; and several years later with Jere West. He died May 19, 1892, leaving a widow and a daughter, wife of Prof. Thomas of Wabash College. Judge Davidson wrote a number of articles for law maazines, and was the author of two legal works, one ''Overruled Cases," and the other on executors and administrators.

Truman H. Palmer, the sixth circuit judge, was born near Henry county, Kentucky, November 28, 1827. He worked on a farm until his twentieth year, and then devoted eight years to teaching, study and reading law. He was admitted to the bar in 1857 and in the spring of 1858 began practice at Frankfort. From 1862 to 1866 he filled the office of county surveyor. He was representative in the Legislature of 1869. In 1870 he was elected judge of the common pleas court, and served till the court was abolished in 1873.

In March, 1873, he was appointed by Governor Hendricks judge of the new cricuit, in which Clinton county was included: and in 1874 was elected to the same position.

Judge Palmer was married October 30, 1851, to Margaret Ann Moore, of Clinton county, and ten children were born to them. More detailed information as to his family will be found in the sketch of his son. Dr. Robert Palmer, which appears elsew here in this volume. After leaving the bench Judge Palmer practiced at Frankfort, and died there on November 18, 1903. The wide respect for him was shown by the attendance at his funeral, which included a number of persons from other counties, especially members of the bar.

Thomas J. Terhune. seventh circuit judge, was born on a farm in Greene county, Indiana, March 8. 1848. He received his. primary education in the free schools, and, with other young men of the neighborhood by special instruction from Jesse Hanna, a graduate of Asbury. He entered Indiana University in 1869 and graduated in letters in 1873, and in law in 1874. The same year he located at Lebanon as a partner with A. J. Boone and R. W. Harrison - later becoming a partner with John W. Clements. They attained a successful practice, and Terhune attained fame by the prosecution for disbarment of \Y. B. Walls, a hard fought case, which went to the supreme court (64 Inch 462). and in which Terhune won at every point. This case was largely the cause of his election to the office of circuit judge in 1878.

In 1883 the circuit was changed, omitting Clinton county, and Judge Terhune was re-elected in 1884, serving till 1888, when he resigned and formed a partnership with B. S. Higgins. Some years ago Judge Terhune's health failed, and he abandoned the practice. He is now living with his brother near Clinton, Indiana.

Joseph C. Suit, eighth circuit judge, was the first that was a native of Clinton county, he having been born at Frankfort, September 12, 1839. His father, James F. Suit, was admitted to the bar at the April term, 1844, and practiced at Frankfort thereafter, his son following his steps in the profession. When the circuit was changed, in 1883. Governor Albert G. Porter appointed Joseph C. Suit to serve until after the next general election, and he filled the office satisfactorily from the March term, 1883. until November 25, 1885. Tudge Suit then resumed the practice. He was county attorney from 1889 until his death, October 27, 1897. Judge Suit went out as first lieutenant in the first company organized in Clinton county for the Civil war, and became adjutant of the Tenth Regiment, of which that company formed a part. He took greater pride in his military record than in any other success, and by his request his tombstone bears only the inscription, "Joseph C. Suit, Adjutant icth Jnd. Inf."

Allen E. Paige, the ninth circuit judge, was born near Providence, Rhode Island, March 15. 1S40. and until nearly twenty-one years of age assisted his father "n the farm, getting his education in the public schools. He then attended the Albany Law School at Albany, Xew York, graduating in 1865. The next summer he came West and after reading for a few months in the office of Judge J. M. Larue, at Lafayette, removed to Frankfort. Plere he taught school for a time and was county examiner. In 1867 he purchased the Crescent and edited it until 1870, when he sold out and engaged in the practice of the law. He formed a partnership with Joseph Claybaugh, which continued for a year, and then practiced alone until November, 1874. when he formed a partnership with S. O. Bayless that lasted for a number of years. In 1876 he was elected to the state Legislature as a Democrat and served in the exciting session of 1877.

In 1884 Mr. Paige was elected circuit judge, taking office in November, 1885, and served until November. 1890. In 1883 Clinton county was made a judicial circuit, having been joined with Boone county immediately before that. His public life ended with his judicial service. A time of trouble had come. His wife, daughter and step-daughter were taken away by death, in succession. On April 2, 1892, he was adjudged insane and placed in Dr. W. B. Fletcher's sanitarium at Indianapolis. On August 10, 1892, he was removed to the Central Insane Hospial at Indianapolis, and died there on February 26, 1896.

Samuel H. Doyal, the tenth circuit judge, was born in Lewis county, Kentucky, May 19, 1838. Six months after his birth his father, John W. Doyal, moved to Boone county, Indiana, where Samuel grew up a farmer's lad, receiving the scant education of the public schools. At twenty he entered the Northwestern Christian University (now Butler) and finished the junior year. He then taught school for two years, read law for one year with Cason & Harrison, of Lebanon, and then took the law course at Ann Arbor. Michigan. In May, 1865, he married Sarah J. Cotter, of Marion county, and on June 1, 1865. located at Frankfort.

In Mav, 1867, Governor Baker appointed him prosecuting attorney of the common pleas court for the Twenty-four district, and in October, 1867, he was elected to that office, serving until October, 1870. He then resumed his partnership with Perry W. Gard, which continued until 1890. in which year he was elected judge of the Forty-fifth Judicial Circuit. Judge Doyal served as a member of the school hoard of Frankfort for six years and took great interest in the success of the schools. Pie survived the conclusion of his term as circuit judge but a few weeks, dying at Frankfort on Januarv 18, 1897.

Tames Y. Kent, the eleventh ericuit judge, was the second native of Clinton county to fill the office. His parents. George A. and Sarah (Bovle) Kent, settled in the county in 1830. Until seventeen years of age James V. Kent worked on the farm, attending the district schools w hen in session. Tn 1864 he attended the Presbyterian Academy at Lebanon: and then took up teaching, which he continued to the age of twenty-two. Meanwhile, in 1867. he began reading law in the office of Palmer & Morrison at Frankfort, and two years later began practice at Michigantown. Tn 1870 he w^as elected prosecuting attorney, and removed to Frankfort, where he has since resided. In 1876 he was elected to the state Senate and served until 1880.

Tn 1871 Mr. Kent formed a partnership with D. S. Holman, which continued for a year, and was followed by a year's partnership with Henry Y. Morrison. He then united with Leander McClurg. and this firm continued until September. 1882. He later had partnerships with Owen E. P>rumbaugh ( 1885-7) ar>d John W. Merritt (1890-93). Tn 1896 Mr. Kent was elected judge of the circuit court and served until 1902. On retiring from the bench Judge Kent practiced alone until T907, when he formed a partnership with Thomas M. Ryan. Notwithstanding his successful professional life. Judge Kent's greatest pride is in the fact that he has taught the same Sunday school class in the Methodist church for forty-three years. He has also twice been a delegate to general conferences of the church. - at Chicago, in 1900, and at Los Angles, in 1904.

Joseph Claybaugh. the twelfth circuit judge, was horn in Ross county, Ohio, June 9, 1839. He was educated at Miami University and came to Frankfort in 1837. He read law in the office of R. P. Davidson, with whom he became a partner on his admission to the bar in i860. He served as circuit judge from 1902 to 1908. Judge Claybaugh is supervising editor of this volume, and an extended sketch of his life will be found elsewhere.

Toseph Combs, the thirteenth circuit judge and present incumbent, is the third native of Clinton county to hold the office. He was bom in Washington townhip November 15. i860. Mr. Combs read law in the office of Judge Joseph C. Suit and was admitted to the bar in 1886. He was elected circuit judge in 1908. defeating Judge Claybaugh for re-election. A full sketch of his life is given elsewhere in this volume.

In the early history of the county the bar was almost entirely nonresident. being composed of lawyers of the circuit, who lived in the older and more thickly settled counties. A large part of the legal business was transacted by Lafayette. Delphi and Crawfordsville lawyers, they being nearest at hand. The first resident attorney was Tames A. Maxwell, who located at Frankfort in 1832; and he was followed by A. F. Mavo in 1834. Neither of these remained long. Maxwell, who came from Bloomington. Ind.. where he read law with James Whitcomb, later governor of Indiana, removed in 1835 to Grand Gulf. Mississippi, where he was probate judge for some years. He died in 1882 at Covington. Ky. Mayo was from eastern Indiana. He removed to Louisiana in 1836. and died there some vears later.

The attorneys admitted and sworn in at the opening session in 1830. were William W. Wick, Albert S. White, Andrew Ingram, William M. Tenners, Thomas D. Baird, Aaron Finch, D. H. Patton and P. M. Curry. Thomas T. Evans was appointed prosecutor at this session and served in the same capacity at the April term, 1831. At the October term, 1831. Edward A. Hannegan was prosecutor. Andrew Ingram was prosecutor at both terms in 1832 and 1833, and again in March, 1835. William P. Bryant was prosecutor at both terms in 1834. 1836 and 1837. Henry S. Lane was prosecutor in 1835. The records of admissions to the bar after 1830 to 1836 are John Pettit, September. 1833: Henry S. Lane. January. 1835: Richard M. Corwin, Joel Thomas. Morgan and Wm. H. Winship. March. 1835: and R. A. Lockwood and Tames W. Dunn, October. 1835. There were, however, other attorneys practicing at the bar. Thomas B. Brown appeared in April. 1832, as attorneys in several cases. Several of the above named lawyers became very prominent in the state later, and in the same class may be named Joseph E. McDonald, who was admitted in 1842, and Godlove S. Orth. Daniel D. Pratt and Horace P. Biddle, who were admitted in 1844.

In 1838 there was a revival of the local bar. In that year Nathaniel Miles, of New York, located at Frankfort. He was a well-educated and competent lawyer, and practiced here for two or three years, after which he removed to Belleville, Illinois. In the same year came Lucien D. Griggs, of Connecticut. He was a very popular man. an eloquent lecturer, and a poet of some note. He was twice married in this county, first to Miss Winship and after her death to Miss Kirk. He died at Frankfort. March 30. 1848. Addison L. Roache came here from Rockville in 1839 and practiced for over a vear, when he returned to Rockville. He was later elected to the legislature and then to the Supreme court. After his term as judge he located in Indianapolis and was for some years a partner of Joseph E. McDonald. He died a few years ago in California.

George Taylor came to Frankfort from Goshen, Indiana, and practiced here for four years. He then removed to Alabama: later to Brooklyn. Xew York, from where he was elected to congress; and still later to Washington, D. C. Samuel D. Maxwell, the first clerk of Clinton county, after holding that office for fourteen years, began the practice of law at Frankort in 1843, and continued until 1854. when he removed to Indianapolis. He was mayor of that city from 1858 to 1863, and died there July 3, 1873. Mr. Maxwell was an active member of the Presbyterian church, and a public-spirited citizen, who contributed not a little to the advancement of Frankfort and Clinton county. His relative, John M. Cowan, was admitted to practice here in 1845, and continued until elected circuit judge in 1858. John W. Blake began practice here in 1831. Further mention of him will be found in the military chapter, in connection with the Tenth and Fortieth Indiana regiments.

One of the strong men of the early bar was Leander McClurg, who was born at Dresden. Ohio, September 23. 1831: and came with his parents to Tippecanoe county in 1839. Passing his youth on the farm, with limited schooling he first took up the study of law by himself. In 1850 he came to Frankfort, read law with Judge Cowan, and later with Judge Blake: and was admitted to the bar April 16. 1831. Two years later he was elected justice of the peace, and served until April, 1834, when he joined Joseph T. Pressly, a lawyer who located here that year, in the purchase of the Crescent. Mr. McClurg edited the paper till the close of September, 1836. In that year he was elected prosecuting attorney for the Carroll and Clinton circuit.

In i860 Mr. McClurg was elected representative from Clinton county, and in 1862 senator from Clinton and Carroll, making a record in the legislature as a "War Democrat," and gaining the life-long friendship of Governor Morton. He was a delegate to the Baltimore Convention in 1872: candidate for congress in 1874: and was his party's nominee for circuit judge at the time of his death. Tune 24, 1884. Leander McClurg was an eloquent speaker and forceful lawver, especially strong in cross-examination and in closing argument. On Mav 8, 1836. he married Caroline Firestone, the talented daughter of Charles Firestone, of this county. Of their children five are living: three sons, Charles, in New York; Clinton, in California; Leander. at Frankfort; and two daughters, Mrs. Daisy Brewster, of Fort Branch. Iowa, and

Another strong man of the early days, who left an -impress on the community, was Henry V. Morrison. An account of his life appears elsewhere, He was one of those who. forced first to enter other occupations, work (heir own way up through adversity to a reputable professional standing. Xot until he was 38 years old did he get his law diploma and enter the practice, but he was found as reliable in this as he had been in other walks of life. His sons. J. \V. Morrison and Martin A. Morrison - the present congressman from the district - continue the legal business, and maintain the high traditions of the family.

In this connection may be mentioned Robert P. Davidson, a native of Kentucky, and graduate of Miami University, who was admitted to the bar of Clinton county, and practiced here for a number of years. Later he became a prominent attorney at Lafayette, and died in that city April 14, 1909. Xelson Purdum studied law at Miehigantown. where he resided, and built up an extensive local practice. In 1863 he removed to Kokomo, where he was still more successful. He served as mayor of Kokomo, and died there in February, 1869. B. K. Higginbotham and Marcellus Bristow were lawyers of ability, whose brilliant careers were cut short by intemperance.

Perry W. Card, John Q. Bayless and O. F. Brumbaugh were successful lawyers, who will be mentioned more fully among the mayors of Frankfort. Xo historical account of the bar of Clinton county would be complete without an account of Capt. James X. Sims, who was for years the Xestor of the Clinton county bar. hie was born at Connersville. Indiana, January 5, 1817. His father, Stephen Sims, came to Brookville. Indiana, from Tennessee, in 1 8 1 1 , and then, in 1813, married Elizabeth McCarty. After residence in Fayette county and Rush county, they settled in Boone county in 1834. and this wTas their permanent residence. Stephen Sims filled several public positions, and was a delegate to the constitutional convention of 1830.

James X. worked on his father's farm until of age, getting a common school education, which was supplemented by one year at Asbury University. He taught school for ten years, and during this time studied law. He was admitted to the Clinton county bar in April. 1844, and opened an office in Frankfort in 1848, continuing to practice here for over half a century, a part of the time in partnership with his brother. Cicero Sims, who was noted as "a mightv hunter" in the early days. Although avoiding all calls to run for office James XT. Sims was interested in politics. He wras a dele-

In the Civil war, he and five of his brothers served in the Union army. He enlisted September 16. 1862. in Company I of the One Hundredth Indiana Regiment, and was commissioned captain of the company. His health failed, however, and he was honorably discharged August 11, 1863. He then returned to Frankfort and resumed his professional work. November 14, 1865, he married Margaret A. Allen, of Clinton county, and to them three children were born. A surviving son is Frederick Sims, who was elected mayor of Frankfort in 1894. and later Secretary of State.